People v. Honn CA5

Filed 1/20/15 P. v. Honn CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F067988 Plaintiff and Respondent, (Fresno Super. Ct. Nos. F13906194 v. & F13906177)

STEVEN LEE HONN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge. Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Poochigian, J.

INTRODUCTION Appellant/defendant Steven Lee Honn pleaded no contest to two counts of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and admitted one prior prison term enhancement (Pen. Code1, § 677.5, subd. (b)) in two separate cases. He was sentenced to an aggregate term of three years. His appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS Case No. 13906194 On April 21, 2013, police officers conducted a probation search at a residence in Fresno. During the search, defendant and some other men ran from the house. Defendant was detained and said he was on probation. Defendant was found in possession of an eyeglass case attached to his belt loop, and it contained a baggie with 0.14 grams of methamphetamine. On July 2, 2013, a complaint was filed which charged defendant with possession of methamphetamine with two prior prison term enhancements. Case No. F13906177 On June 30, 2013, an officer stopped defendant because he was riding his bicycle in the wrong direction. Defendant said he was on probation, and he possessed something illegal. He produced an Altoids box from his pocket, which contained a baggie with 0.21 grams of methamphetamine. Defendant said he had used methamphetamine for years. On July 2, 2013, a separate complaint was filed which charged defendant with possession of methamphetamine, with two prior prison term enhancements.

1 All further statutory references are to the Penal Code unless otherwise stated.